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Joseph M. Callow, Jr.

Partner

Joe Callow helps clients manage and reduce litigation risk and litigation costs.  When litigation arises, he handles and coordinates cases on a national, regional, and local basis.

Joe primarily works on class action and complex commercial litigation.  He has experience in securities, ERISA, antitrust and general corporate and business litigation as well as in copyright infringement and intellectual property litigation and product liability/tort litigation. He also represents clients in FINRA and AAA securities arbitrations. Joe has extensive experience in False Claims Act (qui tam) litigation and has represented parties in cases around the country, including California, Texas, Louisiana, Florida, and New Jersey.

Joe helped establish KMK's Cybersecurity & Privacy Team, an interdisciplinary group of attorneys focused on helping clients manage risk; develop and implement data protection and cybersecurity response plans; coordinate cybersecurity response actions and manage notice procedures; and defend litigation if needed. Joe assists clients with drafting cyber plans and managing cyber incidents and notice procedures.

Joe also helped establish the KMK E-Discovery Litigation Support Group. He helps clients develop information governance policies and creates proactive, defensible, and cost-effective end-to-end E-Discovery solutions for litigation and regulatory investigations.

Joe frequently authors legal alerts and blog posts and presents CLE seminars on various litigation topics. He welcomes the opportunity to conduct seminars for clients and other organizations on litigation avoidance strategies and litigation related topics.

Joe also serves as Co-Practice Group Leader of KMK's Litigation Group.

Representative Litigation Matters

  • In re Processed Egg Products Antitrust Litig., Case No. 2:08-md-02002 (MDL No. 2002) (E.D. Pa.) (currently defending client in antitrust class action litigation).
  • Osborn, et al. v. Griffin, et al., Case Nos. 2011-89 and 2013-32 (E.D. Ky.) (currently defending clients in RICO/state law claim litigation).
  • Brooks v. Darling Ingredients Inc., Case No. 1:14-cv-01128-DAD-EPG (E.D. Cal.) (currently defending client in class action litigation).
  • Local 295 et al. v. Fifth Third Bancorp, et al., and Dudenhoeffer, et al v. Fifth Third Bancorp, et al., Cons. Case No. 1:08-cv-421 (S.D. Ohio) (defended client in consolidated securities and ERISA “stock drop” class action litigation); see 2010 U.S. Dist. Lexis 131967 (Nov. 24, 2010) (granting Defendants' motion to dismiss ERISA claims); see also 731 F. Supp. 2d 689 (Aug. 10, 2010) (granting in part and denying in part Defendants' motion to dismiss in securities case); see also 692 F.3d 410 (6th Cir. 2012).
  • Brooks v. Cincom Systems, Inc., Case No. 1:12-cv-115 (S.D. Ohio June 10, 2013) (defended client against claims; summary judgment granted for defendant).
  • LaWarre v. Fifth Third Bank and Fifth Third Securities, Inc., Case No. A0909076 (Hamilton County) (obtained summary judgment on all claim related to investment losses); see 2012 Ohio 4016 (Ohio App.) (affirming grant of summary judgment to Defendants).
  • Green, et al. v. Griffin Industries, Inc., et al., Civ. Action No. 03CVS5048382F (State of Georgia, Fulton Cty., Sup. Ct.) (defended client in tort class action litigation).
  • Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. Sept. 25, 2009) (affirming district court decision finding Novelis Corp. infringed Cincom’s copyrighted materials).
  • Shirk et al. v. Fifth Third Bancorp et al., 2009 U.S. Dist. Lexis 90775 (S.D. Ohio Sept. 30, 2009) (summary judgment granted on ERISA excessive fees class action litigation); see also 71 Fed. R. Serv. 3d (Callaghan) 1199, 44 Employee Benefits Cas. (BNA) 2936 ( Jan. 29, 2009) (summary judgment granted on ERISA "stock drop" class action litigation).
  • Segal v. Fifth Third Bank N.A., 581 F.3d 305 (6th Cir. 2009) (affirming dismissal of class action complaint affirmed based on SLUSA preemption).

Representative Appellate Matters

  • MJS & Associates v. Master, et al., Case No. 12-15-00219-cv (Tex. App. Sept. 7, 2016) (oral argument and on papers).
  • Hathorn, et al. v. Dana Motor Co., LLC, 2016-Ohio-5110 (Hamilton Cty. App. July 27, 2016) (oral argument and on papers)
  • Dudenhoeffer v. Fifth Third Bancorp, 692 F.3d 410 (6th Cir. Sept. 5, 2012) (oral argument and on papers).
  • LaWarre v. Fifth Third Securities, Inc., 2012-Ohio-4016 (Hamilton Cty. App. Sept. 5, 2012) (oral argument and on papers).
  • Nat'l Union Fire Ins. Co. v. Wuerth, 349 F. App'x 983 (6th Cir. 2009) (oral argument and on papers).
  • Nat'l Union Fire Ins. Co. v. Wuerth, 122 Ohio St. 3d 594 (2009) (oral argument and on papers).
  • Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. 2009) (oral argument and on papers).

Awards & Recognitions

  • Named the “Cincinnati Best Lawyers' Antitrust Litigation Lawyer of the Year," 2012, 2017 
  • Listed in Chambers USA: America's Leading Business Lawyers, 2016-2017
  • Listed in The Best Lawyers in America, 2011-2018
  • Named to Ohio Super Lawyers, 2010-2018
  • AV® Preeminent™ Peer Review Rated, Martindale-Hubbell
  • Cincinnati Academy of Leadership for Lawyers (CALL), Class XI

News

Speaking Engagements

Publications

Mentioned & Quoted

Professional & Community Involvement

  • Federal Bar Association
  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Seven Hills Middle School, Athletic Booster
  • Cincinnati United Soccer Club
Keating Muething & Klekamp PLL
One East Fourth Street
Suite 1400
Cincinnati OH 45202
TEL: (513) 579-6419
FAX: (513) 579-6457

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The most difficult task as in-house counsel is locating and retaining an attorney that combines subject matter knowledge, aggressiveness, responsiveness, cost effectiveness, and one who can communicate effectively with various levels of management. Joe and his complex litigation team possess all of those qualities and more when faced with retaining a firm and litigation team to best serve your organization. -- Chris Griffin, Director of Legal Affairs, Griffin Industries, Inc.

Practice Areas

Blog Contributions

Bar & Court Admissions
  • Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit
Education
  • J.D., University of Cincinnati College of Law, 1993, Order of the Coif, Law Review, Member 1991-1992 and Lead Article Editor, 1992-1993, Student Bar Association President, 1992-1993
  • B.A., Miami University, 1990, cum laude, college forensics, student government, peer advisor, Sigma Tau Gamma Fraternity